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Sexual assaults on cruise ships occur far more frequently than the cruise lines would like passengers and potential passengers to know. According to recently released data from the FBI, the number of reported sexual assaults on cruise ships so far this year is 39, which represents a 550% increase from just six reported in 2015. […]
The post New Law to Protect Passengers Involved in Accidents on Cruise Ships appeared first on Miami Personal Injury Lawyer.Read More
Every company seems to have its own form of contract these days. Whether it’s the general contractor, the plumber, or the tile distributor, everyone wants you to sign “their” contract, so that they’re protected on the job—or so they hope. In the rush to get a job and get it started, many overlook important details in the contracts that they sign. Specifically, a lot of construction contracts are missing two important provisions.
If you have to pay an attorney to prosecute or defend a claim, whether it goes to trial or not, the ability to recover those fees from the other side can dictate how hard you fight or how quickly you settle. So when reviewing a contract, make sure it includes a provision that allows the prevailing party, hopefully you, to recover incurred attorney’s fees and costs.
If your agreement is not in writing (big mistake) or if it is not signed (another mistake), then the ability to recover legal fees becomes much harder, if not impossible. This can happen with construction clients who have “terms and conditions” on their delivery tickets or invoices but who never get those documents signed. In those cases, the unsigned terms and conditions are useless.
Disagreements are a natural outgrowth of many contract relationships. When they occur, it is helpful to have a pre-agreed procedure in place to resolve them. Often times this is just left to a simple statement that disputes shall be arbitrated or litigated. We would suggest something more.
Ideally, the parties should agree to have a principal to principal initial meeting within 30-60 days of one party notifying the other of a dispute. If that doesn’t resolve the problem, then the parties should agree to mediate their dispute before a jointly selected, and certified, mediator. Mediation should always be a prerequisite to the initiation of litigation or arbitration. Each party should absorb their own legal fees during this process and before litigation. The mediator’s fees on the other hand should be split evenly between the parties.
Construction is a very risky business. Lots of things can go wrong, and when they do, it can be very expensive to fix them. Having these two provisions in each of your agreements will surely help.Read More
A sure-fire way to destroy a potential cruise ship accident lawsuit against a cruise line like Carnival is to lie—intentionally falsely testify in a frivolous lawsuit. When lawyers prepare injured passengers in advance of giving a deposition, signing an interrogatory, or taking the witness stand, it is important that they explain how cruise-line defense lawyers […]
The post Suing Carnival Cruise Line: Carnival Accuses Passenger of Perjury appeared first on Miami Personal Injury Lawyer.Read More
Self-Driving Car Accidents Cars of the future- this is just one of the terms that have been used to describe the new self-driving cars even though they have been around for quite sometime now. These autonomous cars are designed to drive on the road without any input from a human driver and their strongest selling […]
The post Miami Car Accident Lawyer Investigates Self-Driving Car Accidents appeared first on Miami Personal Injury Lawyer.Read More
I have investigated and successfully prosecuted cruise ship accident claims against Carnival and other major cruise lines since 1991. By far the most tragic and arguably preventable incidents our Miami cruise ship injury lawyers have seen that have occurred aboard cruise ships involve the needless drowning deaths of children. Equally tragic are those passengers who […]
The post Suing Norwegian Cruise Line: Child’s Drowning Death Law Suit Dismissed appeared first on Miami Personal Injury Lawyer.Read More